How long do I have to challenge a will or trust? |
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If you want to challenge an estate plan, you should seek legal advice immediately.
Generally, a trust can only be challenged within 120 days of the time the trustee sends out a notice of administration.
With respect to wills, challenges should be filed before the will is admitted to probate, which usually occurs within weeks of the initial filing. A will can also be challenged several months after being admitted to probate but it is a more difficult process. Only in exceptional circumstances, such as deliberate fraud in hiding the probate proceeding, can a will be challenged after the above-described deadlines.
We have significant experience both challenging and defending estate plans. We have conducted numerous proceedings through trial and even the appellate process and are not afraid to stand up for your rights. |